Section 4.  Civil Service Commission.
   The Civil Service Commission shall consist of three (3) electors of the Municipality, not holding other Municipal office or employment, to be appointed by the Mayor, subject to confirmation by a majority vote of the members of Council; for terms of six (6) years each, except that the three (3) original members of the Commission shall be appointed for terms expiring on the last day of December of the second, fourth, and sixth years after their appointment. A vacancy occurring during the term of any member of the Civil Service Commission shall be filled for the unexpired term in the manner authorized for an original appointment. The Commission shall designate one of its members as chairman and may appoint a secretary who need not be a member of the Commission and may hold other Municipal office or appointment.
   The Commission shall, consistent with all the provisions of this Charter, determine which employees of the Municipality shall be within the classified service and which shall be within the unclassified service. Persons, other than those serving a probationary period of employment, who have been continuously employed on a full-time basis in the service of the Municipality in the same or a similar position in the classified service for at least ninety (90) days prior to the date such position is placed in the classified service, shall be retained in the same or similar position without examination until discharged, reduced, disciplined, promoted or transferred in accordance with the rules and regulations of the Commission.
   Upon the creation of any full-time positions in the Police or Fire Departments, any part-time member of the Police or Fire Department, shall be eligible to take the competitive examination for his/her respective department, for an original appointment as a police officer or firefighter, regardless of his/her age, provided such part-time member has been in the service of the Municipality for at least ninety (90) days prior to the date of the creation of the full-time position of police officer or firefighter.
   The civil service of the Municipality shall be divided into the classified service and the unclassified service.
   (a)   The classified service shall consist of all positions which may, consistent with the provisions of this Charter, be classified by the Civil Service Commission. The classified service shall be divided into the “competitive class,” “professional class” and “labor/clerical class.”
      (1)   The competitive class shall consist of:
         A.   All regular full-time members of the Police Department except the Chief;
         B.   All regular full-time members of the Fire Department except the Chief and paramedics.
      (2)   The professional class shall consist of:
         A.   Paramedics;
         B.   Those persons of a professional or managerial character and wherein, in the opinion of the Commission, it would be in the best interests of the service to permit applicants to present their qualifications for appointment without requiring participation in the formal type of examination.
      (3)   The labor/clerical class shall consist of:
         A.   All regular full-time employees of the Public Works Department;
         B.   All regular full-time Dispatchers for the Police Department;
         C.   All other regular full-time employees of the City performing unskilled and/or ordinary labor or clerical services.
   (b)   The unclassified service shall be comprised of all positions not specifically included in the classified service. The unclassified service shall be exempt from examination and fitness testing and shall include, but not be limited to, the following:
      (1)   All officers elected by popular vote or persons appointed to fill vacancies in such offices.
      (2)   All members of the Boards and Commissions of the City.
      (3)   Chief of Police, Fire Chief, Public Service Administrator, Safety Director, Law Director, Finance Director, City Engineer, and all other Heads of Departments.
      (4)   The Clerk of City Council and the secretary and/or clerk of all Boards and Commissions of the City.
      (5)   Tax Administrator, Zoning Inspector, and administrative personnel.
      (6)   Legal assistants to the City Law Director.
      (7)   Part-time firefighters.
      (8)   All employees who are hired as part-time employees including, but not limited to, part-time police officers in the Police Department, part-time dispatchers in the Police Department, part-time firefighters, and part-time employees of the Public Works Department.
      (9)   All emergency and seasonal employees.
   (c)   Vacancies in the competitive class shall be filled by competitive examinations as provided in the rules adopted by the Commission.
      Vacancies in the labor/clerical class shall be filled by appointment from lists of applicants who are required to furnish such evidence or take such tests as the Commission requires and considers proper with respect to age, residency, physical condition, ability to labor, honesty, sobriety, industry, capacity, and experience in the work or employment in which  the applicant applies. Unless otherwise specifically indicated by the Civil Service Commission, no applicant for a position on the classified service labor/clerical class shall be required to take a competitive examination.
      Vacancies in the professional class shall be filled by appointment from lists of applicants who are required to furnish such evidence relating to the applicant’s academic training, experience, residency, physical condition, honesty, level of formal education, state certified training programs, any necessary state and/or federal licensing, approval by all necessary local or state licensing boards, or review skill assessment boards or personnel. In addition, the applicant must submit to an interview procedure before the Appointing Authority and must establish or demonstrate his/her knowledge of the duties and functions of the classification for which the applicant is being considered. Unless otherwise specifically indicated by the Civil Service Commission, no applicant for a position on the professional class shall be required to take a competitive examination.
   (d)   All applicants to the classified service must be citizens of the United States. The Commission may require applicants for examinations for original appointment to the Police Division as police officers to be certified by the State of Ohio Peace Officers Training Council as having completed the Ohio Peace Officer Basic Training Program before being eligible to take the examination; and, likewise, may require applicants for examinations for original appointment to the Fire Division as firefighters to be certified or otherwise having completed approved training certifying them as firefighters before being eligible to take the examination.
   (e)   When proper proof of acceptable service in the armed forces of the United States is presented to the Commission and such ex-service person being otherwise eligible has received a passing grade in any regular entrance examination, he/she shall be granted additional credit as provided by the Commission rules thereby receiving a higher final grade in view of the above mentioned service.
          When proper proof of completion of a course of study from an accredited college, junior college, community college, trade or vocational school, or university is presented to the Commission, for a course of study determined by the Commission to be in the field of endeavor for which the examination is being given, and such applicant being otherwise eligible has, except for promotional examinations, received a passing grade, he/she may be granted additional credit as provided by the Commission rules, thereby receiving a higher final grade for completion of said course or courses.
      When proper proof of actual work experience in the field of endeavor for which the examination is being given is presented to the Commission, and such applicant being otherwise eligible has, except for promotional examinations, received a passing grade, he/she may be granted an additional credit as provided by the Commission rules, depending on the amount of actual work experience, of such qualifying grade, thereby receiving a higher final grade for work experience.
      When proper proof of an applicant being certified or otherwise licensed by the State of Ohio as either a police officer or firefighter for which the examination is given for entry level position in the Police Division (unless such certification is required in order to take the examinations provided in paragraph (d) above) or Fire Division, whichever is applicable, and such applicant being otherwise eligible and has received a passing grade, he/she may be granted additional credit as provided by the Commission rules, thereby receiving a higher final grade for possessing such certification and/or licensing by the State of Ohio.
   (f)   The term or eligibility of each list and of the names appearing thereon shall be fixed by the Commission at not less than one nor more than two years. Any list that has been in effect for more than one year may, at the discretion of the Commission, be terminated at any time in the public interest.
   The Civil Service Commission shall make, promulgate, and amend rules consistent with the provisions of this Charter, which are necessary for implementing the administration of the classified service including the classification of positions, eligibility of applicants, testing requirements and procedure, appointment, promotion, transfer, layoff, reinstatement, suspension and removal of employees in the classified service. After each meeting of the Civil Service Commission, the Commission shall submit a written report to Council of the actions taken at that meeting.
(Amended 11-4-1980; 11-6-1990; 11-2-2010)